ABDUL RAHIMAN T A Vs. CHIEF ELECTRICAL INSPECTOR

JUDGEMENT

(1.) The petitioner, who is a Consumer of electricity having two connections, is before this Court challenging Ext. P3 as well as Exts. P4(a) and P4(b), whereby the petitioner has been required to satisfy a total sum of Rs.81,000/- plus interest and cost in respect of the alleged unauthorised extension of electricity connection resulting in unauthorised utilisation of energy.

(2.) The case of the petitioner is that there was a surprise inspection of the premises of the petitioner by the concerned Assistant Executive Engineer on 22/02/2001. It was held that the petitioner had effected unauthorised additional load of 6.7 K.W, based on which, penalty to the tune of Rs.1,13,400/- was imposed, reckoning 'three times' of the actual amount payable for a minimum period of six months. Being aggrieved of the proceedings of the Assistant Executive Engineer, the petitioner approached the Executive Engineer and after considering the facts and circumstances, the extent of unauthorised load was reduced from 7 K.W to 4.96 K.W and in turn, reduced the penalty from Rs.1,13,400/- to Rs.81,000/-. When the petitioner approached this Court earlier against the said order passed by the Executive Engineer, he was relegated to avail the statutory remedy by approaching the second respondent. Even though the petitioner approached the second respondent, that did not turn to be fruitful, as the second respondent simply confirmed the order passed by the Executive Engineer. In the said circumstance, the petitioner approached the higher authorities and also the Minister for the concerned Department, pursuant to which, the issue was referred to be dealt with by the Electrical Inspector, i.e., the first respondent, who passed Ext.P1 order, after hearing both the sides. As borne by Ext. P1, the finding arrived at by the first respondent is summarised in the concluding paragraph, which is extracted below:

(3.) After passing Ext. P1, it appears that a clarification order was passed by the first respondent as borne by Ext. P2 dated 31/10/2003, whereby the quantum of penalty originally fixed by the departmental authority for a period of 'six months' was brought down to 'two months'. It was only after three years of the above proceedings, that the third respondent issued Ext. P3 dated 15/02/2006 requiring the petitioner to satisfy a total sum of Rs.72,900/-, i.e. after deducting a sum of 8100/- towards 10% ordered to be satisfied by the second respondent when the challenge was entertained. Pursuant to Ext. P3, Ext. P4(a) and P4(b) recovery proceedings were issued under the Revenue Recovery Act, which made the petitioner to approach this Court by filing the present Writ Petition, wherein the coercive proceedings were intercepted as per the interim order dated 19/11/2007 directing the petitioner to satisfy a sum of Rs.30,000/-, which is stated as complied with.